BILL NUMBER: AB 1337	CHAPTERED  07/10/00

	CHAPTER   124
	FILED WITH SECRETARY OF STATE   JULY 10, 2000
	APPROVED BY GOVERNOR   JULY 8, 2000
	PASSED THE SENATE   JUNE 22, 2000
	PASSED THE ASSEMBLY   JANUARY 20, 2000
	AMENDED IN ASSEMBLY   JANUARY 13, 2000
	AMENDED IN ASSEMBLY   JANUARY 3, 2000
	AMENDED IN ASSEMBLY   APRIL 27, 1999

INTRODUCED BY   Assembly Member Havice
   (Coauthor:  Assembly Member Romero)

                        FEBRUARY 26, 1999

   An act to amend Section 87610.1 of the Education Code, relating to
community college employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1337, Havice.  Public postsecondary education:  community
college faculty.
   Under existing law, if a case concerning the granting of tenure of
community college faculty proceeds to arbitration with
representation by the exclusive representative, the resulting
decision is not to be considered a precedent for purposes of
interpreting tenure procedures and policies, or the collective
bargaining agreement, but instead affects only the result in that
particular case.
   This bill would specify that the resulting decision is not to be
considered a precedent as described above, and that it would affect
only the result in that particular case, if the case proceeds to
arbitration without, instead of with, representation by the exclusive
representative.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 87610.1 of the Education Code is amended to
read:
   87610.1.  (a) In those districts where tenure evaluation
procedures are collectively bargained pursuant to Section 3543 of the
Government Code, the faculty's exclusive representative shall
consult with the academic senate prior to engaging in collective
bargaining on these procedures.
   (b) Allegations that the community college district, in a decision
to grant tenure, made a negative decision that to a reasonable
person was unreasonable, or violated, misinterpreted, or misapplied,
any of its policies and procedures concerning the evaluation of
probationary employees shall be classified and procedurally addressed
as grievances.  Allegations that the community college district in a
decision to reappoint a probationary employee violated,
misinterpreted, or misapplied any of its policies and procedures
concerning the evaluation of probationary employees shall be
classified and procedurally addressed as grievances.  If there is no
contractual grievance procedure resulting in arbitration, these
allegations shall proceed to hearing in accordance with Section
87740.
   "Arbitration," as used in this section, refers to advisory
arbitration, as well as final and binding arbitration.
   (c) Any grievance brought pursuant to subdivision (b) may be filed
by an employee on his or her behalf, or by the exclusive bargaining
representative on behalf of an employee or a group of employees in
accordance with Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code.  The exclusive
representative shall have no duty of fair representation with respect
to taking any of these grievances to arbitration, and the employee
shall be entitled to pursue a matter to arbitration with or without
the representation by the exclusive representative.  However, if a
case proceeds to arbitration  without representation by the exclusive
representative, the resulting decision shall not be considered a
precedent for purposes of interpreting tenure procedures and
policies, or the collective bargaining agreement, but instead shall
affect only the result in that particular case.  When arbitrations
are not initiated by the exclusive representative, the district shall
require the employee submitting the grievance to file with the
arbitrator or another appropriate party designated in the collective
bargaining agreement, adequate security to pay the employee's share
of the cost of arbitration.
   (d) The arbitrator shall be without power to grant tenure, except
for failure to give notice on or before March 15 pursuant to
subdivision (b) of Section 87610.  The arbitrator may issue an
appropriate make-whole remedy, which may include, but need not be
limited to, backpay and benefits, reemployment in a probationary
position, and reconsideration.  Procedures for reconsideration of
decisions not to grant tenure shall be agreed to by the governing
board and the exclusive representative of faculty pursuant to Chapter
10.7 (commencing with Section 3540) of Division 4 of Title 1 of the
Government Code.
   (e) Any employees who are primarily engaged in faculty or other
bargaining unit duties, who perform "supervisory" or "management"
duties incidental to their performance of primary professional duties
shall not be deemed supervisory or managerial employees as those
terms are defined in Section 3540.1 of the Government Code, because
of those duties.  These duties include, but are not limited to,
serving on hiring, selection, promotion, evaluation, budget
development, and affirmative action committees, and making effective
recommendations in connection with these activities.  These employees
whose duties are substantially similar to those of their fellow
bargaining unit members shall not be considered supervisory or
management employees.
